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 open Trackday Trickster

Joined: 04 Apr 2011 Karma :     
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 Posted: 22:11 - 29 Feb 2012 Post subject: Getting Banned |
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So a friend of mine called me today to say he just got 6 points and banned and asking to help sell his bike - he is also not too clued up on any legal licencing aspect anyway.
He is on a CBT and doing a bit of courier work for a small company but didn't have courier insurance (only personal insurance). He said he got stopped by the police and they saw all the courier gear/paperwork and checked out his insurance.
They said he's getting a £200 fine, 6 points on his licence and gonna get banned for a year. They allowed him to drive away.
Are they allowed to issue this on the spot or are they giving him a scare tactic - doesn't it have to go to court for driving bans?
They wouldn't let him drive away would they?
Because I got stopped a few years ago for undertaking a police car - the guy was a power hungry idiot and told me I was gonna get a court summons and 3 points but heard nothing after that day. ____________________ "Calamity - A more than commonly plain & unmistakable reminder that the affairs of this life are not of our own ordering."
[s]Baotian BT49qt-9 --> Honda CG125 (4 speed) '51 plate ----- 03/11/2012 Mod 2 PASSED! --> Cb500s[/s] Revoked  |
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| P.addy |
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 P.addy Formerly known as P.
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 open Trackday Trickster

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| P.addy |
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 P.addy Formerly known as P.
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| Quornholio |
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 Quornholio World Chat Champion
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| pits |
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 pits World Chat Champion

Joined: 22 Apr 2008 Karma :  
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 Posted: 23:15 - 29 Feb 2012 Post subject: |
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Is he on a provisional licence (green) or a red one and just passed.
If he is on a green provisional I believe he has 12 points, as he has not passed his test so doesn't fall into the new licencing directive for 6 points and ban.  ____________________ Stinkwheel: You have no right to free speech
00:32:08 Blau Zedong: yes, i am a massive CB400 fan and collector
00:33:00 Blau Zedong: the CB400 is my favourite road bike |
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 Kickstart The Oracle

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 open Trackday Trickster

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 dodgydog World Chat Champion

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| Pete. |
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 Pete. Super Spammer

Joined: 22 Aug 2006 Karma :     
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 Posted: 07:24 - 01 Mar 2012 Post subject: |
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He wasn't uninsured - he just wasn't insured to be a courier, so they could let him go on his way if he was going on a non-work journey i.e. home.
open: the cops can't ban him or even issue six points. If he hasn't been offered a conditional offer of fixed penalty (which is limited to three points as I believe) then he'll get paperwork through the post. ____________________ a.k.a 'Geri'
132.9mph off and walked away. Gear is good, gear is good, gear is very very good  |
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 Llama-Farmer World Chat Champion

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 AlexW Spanner Monkey
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 Kickstart The Oracle

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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 11:23 - 01 Mar 2012 Post subject: Re: Getting Banned |
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| open wrote: | So a friend of mine called me today to say he just got 6 points and banned |
No he bloody well did not.
https://1.bp.blogspot.com/-XgV-4KXCAdU/TeOaLxjxAVI/AAAAAAAAM8M/cKb_9AX80_I/s1600/SotpSign.jpg
| open wrote: | he is also not too clued up on any legal licencing aspect anyway. |
Then he should get on to a specialist motoring solicitor and get a defence prepared.
If he doesn't then he'll be declaring an IN10 for the next 5 years - and may have his insurance cancelled when they find out - which will likely cost him a lot more than paying to fight it.
| open wrote: | Are they allowed to issue this on the spot |
Not unless we just woke up in Mega City 1 and he was stopped by Judge Dredd.
| open wrote: | doesn't it have to go to court for driving bans? |
Bans, points, all questions of guilt.
Unless he's stupid enough to have opened his gob and admitted to it, and even then I'd be minded to deny having done so. Name, address, license and insurance details if you have them to hand, then not one single word more: anything that you say can and will be used against you, whether you're guilty or innocent.
This seems to be a relatively new tactic by Plod - they probably all watched the same slaphead terrorise a nice lady delivering cakes on Oi! It's the Rozzers! and got a semi on for trying it out themselves.
That means that (AFAIK, pending arry and T.C weighing in) the case law on this is not yet firmly settled. Insurers seem to believe that they can switch their 3rd party indemnity on and off from moment to moment depending on what you are doing, but on the other hand they are usually obliged to pay out to 3rd parties even if your insured bike is nicked and crashed into some kittens by Billy Bikeblagger, so it's really up to a court to decide.
The only guarantee is that if he doesn't fight it then he will lose.
tl;dr - if he rolls over and just pays the FPN then he's admitting to a criminal offence which insurers weight heavily. He should get professional help, not ask his mates - or random intardtubes people - what to do. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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| devojunior |
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 devojunior Brolly Dolly
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| Paulington |
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 Paulington World Chat Champion

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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 15:31 - 01 Mar 2012 Post subject: |
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| Paulington wrote: | For example if you are stopped and accused of having no insurance the Police can serve you with an offer to accept a fixed penalty notice of six points and pay a bribe of £200 as an alternative to prosecution. Often this is followed with them seizing your vehicle which they can do based on a reasonable belief that it's not insured. |
FTFY. The Police have no power to impose points or to "fine" you, they never have and they never will until such time as we (truly) live in a police state.
Making an offer of a FPN at the roadside is not the same as removing your option to oblige the CPS or Fiscal to prosecute you in a court of law.
It's a massive, honking difference, it's not an issue of semantics, and I'd ask us to please be careful about gifting Plod with such powers lest he come to believe that he actually has them. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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 open Trackday Trickster

Joined: 04 Apr 2011 Karma :     
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 Posted: 19:05 - 01 Mar 2012 Post subject: |
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so it seems he was issued a FPN for allegedly having no insurance. He didn't have his license on him so he is asked to comply and surrender his license then pay the £200 ( there by admitting the offence and gaining 6 points)
he can appeal to go court. Can he argue that he did have insurance.
So what would be the best way to do this?
If he shows his license to the cop shop does that mean he admits guilt, or.only if he pays the fine? ____________________ "Calamity - A more than commonly plain & unmistakable reminder that the affairs of this life are not of our own ordering."
[s]Baotian BT49qt-9 --> Honda CG125 (4 speed) '51 plate ----- 03/11/2012 Mod 2 PASSED! --> Cb500s[/s] Revoked  |
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| Yarri |
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 Yarri Crazy Courier
Joined: 18 Nov 2006 Karma :     
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 Posted: 19:25 - 01 Mar 2012 Post subject: |
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I had 9 points on provisional, stupid law which works in our favour but you don't get banned, infact nothing happens appart from the money fine. After getting full license I still had 9 points which means If I gotten even 1 more I'd get license revoked, but luckily that did not happen. ____________________ Theory Passed: 23/10/2008 49/74 Bike Test Passed: 05/01/2009 1 minor
Theory Car Passed: 22/07/2009 48/74 Car Test Passed: 22/10/2009 2 minor
Few minutes of life of the biker could be more interesting then the whole lifes of many people |
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| _Iain_ |
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 _Iain_ Banned

Joined: 01 Feb 2012 Karma :     
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 Posted: 19:28 - 01 Mar 2012 Post subject: |
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Hence why matey should have some kind of buisness insurance on his policy, if not full courier insurance.
Personally, i run with it insured for buisness use and state my occupation as a delivery driver, for delivery service. Because you're only on a small bike your task is to check box sizes for the other guys. or some bullshit like that. Or that you just diddent know what degree of buisness insurance you needed.
But if you've not got an actual delivery on you, then you cant get fucked for it at all. You were just out for a ride. Paperworks in there cause its a work bag.
Dont be a spanner wearing a high vis with XXX couriers on it, wear a plain one instead. All common sense realy. And dont confess up to having no insurance because they cant check policy details without calling the firm up. Works wonders if its night time.
Three or four years driving work, no courier insurance, no fast food delivery insurance, pulled more times than i can remember and never got shafted  ____________________ Please be aware that the above post may be full of complete nonsense.
Riding: '07 KTM Duke II, Baotian BT49QT-20 Driving: '88 Volvo 340 |
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 Llama-Farmer World Chat Champion

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 J.M. World Chat Champion

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 johnsmith222 World Chat Champion
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 Llama-Farmer World Chat Champion

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Old Thread Alert!
The last post was made 14 years, 13 days ago. Instead of replying here, would creating a new thread be more useful? |
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